Sometimes, injuries in an accident can leave a person mentally and physically incapacitated and unable to take any legal action on his or her own. In such cases, authorized family members may file a personal injury claim on behalf of the person.
How to File a Personal Injury Claim On Behalf Of Loved One
Filing a personal injury claim on behalf of an incapacitated loved one is complicated, and involves complex legal procedures. It isn't simply a matter of proving that you are related to the injured person, and filing a claim. In Texas, the laws hold that only a guardian of the incapacitated victim can take legal action on his/her behalf, including filing a personal injury claim.
You must first establish yourself as the legal guardian of the individual. This guardianship appointment may continue until the person recovers from the injuries, or as decided by the court. If the victim has suffered permanent disability, the guardianship may continue through the duration of the person's life.
Guardianship, in most cases, is awarded to individual family members, who are related to the victim. However, in some cases, guardianship is granted to entities.
Under Texas law, you have to file an application with the court as the first step in the process toward establishing guardianship. The Toledo court will then set an appointment for a hearing. If you are appointed the guardian of the incapacitated victim, you have the legal authority to act on his/her behalf or interest.
The court will take a number of factors into consideration before determining if the injured victim even requires a guardian. The criterion is not just severe and disabling physical injuries, but also intellectual impairment. If the person has only suffered physical injuries that prevent movement, but leave him/her intellectually capable of making decisions then a court in Toledo may not find him/her sufficiently disabled to require a guardian.
If a loved one has suffered severe physical injuries that leave him physically and mentally incapacitated and incapable of taking legal action on his own, you can go ahead and file a personal injury claim on his/her behalf. However, you will need help from a personal injury lawyer in Toledo to deal with all of the documentation and legal procedures involved.
Any errors that are made in the process of application could result in a rejection of your petition for guardianship. Speak to Martin E Goff a personal injury lawyer in Toledo about filing a claim on behalf of loved one.
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